Category Archives: Case law

Case law

The meaning of “dishonesty” in English criminal law

The UK Supreme Court recently reconsidered the meaning of dishonesty – and came to some new conclusions, overturning 35 years of legal precedent in the criminal courts.

Challenging a s22 PoCA 2002 confiscation reconsideration

This blog post considers the provisions of s22 regarding reconsideration of the defendant’s available amount and ways in which prosecution applications under s22 may be challenged by the defendant.

Piercing the corporate veil in confiscation

This article attempts to trace recent developments in piercing the corporate veil in caselaw in respect of confiscation and to suggest some practical implications of the present-day legal position in England and Wales.

Balance of probabilities in confiscation

In confiscation law ‘the balance of probabilities’ plays a key role. The inherent probability or improbability of an event is itself a matter to be taken into account when weighing the probabilities and deciding whether, on balance, the event occurred.

Confiscation & proportionality

Since the UK Supreme Court decision in R v Waya the issue of proportionality in confiscation has been exercising legal minds in England & Wales. But what does ‘disproportionate’ mean in practice?

Confiscation & compensation – double trouble?

Should the Crown Court make both a compensation order (in favour of the victim of the crime) & a confiscation order (effectively in favour of the Crown) in respect of the same benefit obtained by a convicted defendant?

UK Supreme Court rules on money laundering arrangements

The UK Supreme Court recently ruled on the law relating to prosecutions for entering into, or becoming concerned in, an arrangement which facilitates the acquisition, retention, use or control of criminal property for, or on behalf of, another person – contrary to s328 Proceeds of Crime Act 2002.

Confiscation & legitimate businesses

Do recent English Court of Appeal decisions map out a new approach to confiscation when applied to legitimate businesses which have become tainted with criminality? Has there been an evolution in the assessment of ‘benefit’ following the Supreme Court judgment in Waya? Are the courts in certain circumstances now looking to confiscate only the profit from trading?

PoCA section 22 – unfit for purpose?

Section 22 allows the Crown to require the court to re-examine the ‘available amount’ of a convicted defendant with a view to increasing the amount he must pay under an existing confiscation order. But is s22 so badly drafted that it creates too many problems and uncertainties? Is s22 unfit for purpose?

A confiscation case study – the career fraudster

A confiscation case in which no forensic accountancy evidence was produced by the defence and the defendant received no sympathy from the judge.